https://www.scmp.com/rss/276018/feed Dennis Kwok is a member of the Civic Party and a legislative councillor for the legal functional constituency. en https://assets.i-scmp.com/static/img/icons/scmp-meta-1200x630.png https://www.scmp.com The issue of extradition from Hong Kong to the mainland has become contentious again, in the wake of the suspected murder of a pregnant young Hong Kong woman in Taiwan last year and Taipei’s insistence on having her boyfriend, Chan Tong-kai, sent to the island to face charges related to her death. Although there is an overall desire in Hong Kong to facilitate the rendering of justice, it is alarming that the case has become highly politicised by those in favour of a rapprochement with mainland... https://www.scmp.com/comment/insight-opinion/hong-kong/article/2188987/extradition-agreement-china-would-trample?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/hong-kong/article/2188987/extradition-agreement-china-would-trample?utm_source=rss_feed Thu, 07 Mar 2019 04:49:39 +0000 With no public consultation, no competitive bids and zero transparency, Carrie Lam Cheng Yuet-ngor declared that a 10,000 square metre museum would be built at the West Kowloon arts hub, to display relics from Beijing’s Palace Museum in celebration of the 20th anniversary of Hong Kong’s handover. Her sudden announcement last month took the public by surprise and has drawn widespread criticism. At the centre of the controversy is the complete lack of public consultation on the project. Rather... https://www.scmp.com/comment/insight-opinion/article/2061545/hong-kongs-palace-museum-plan-throws-out-rulebook-put?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/2061545/hong-kongs-palace-museum-plan-throws-out-rulebook-put?utm_source=rss_feed Fri, 13 Jan 2017 03:54:12 +0000 Among the three branches of government in Hong Kong, our judiciary has borne the brunt of recent attacks from Beijing and the local pro-establishment camp. In our legislative branch, not only does the current method of returning half the members from functional constituencies guarantee that a certain number of seats will be secured by the pro-establishment camp, the split-voting system also ensures that even as a minority, the pro-establishment/business sector still has a decisive say on... https://www.scmp.com/comment/insight-opinion/article/1772809/defence-hong-kongs-judiciary?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1772809/defence-hong-kongs-judiciary?utm_source=rss_feed Tue, 21 Apr 2015 06:38:41 +0000 In 2005, the chief executive and members of the Legislative Council went on a two-day tour of the Pearl River Delta, marking the very first time all legislators in Hong Kong were invited to visit the mainland. It was also at a time when Hong Kong was engaged in discussions on constitutional reform and the possibility of introducing universal suffrage in the 2007 chief executive and 2008 Legco elections. Almost a decade on, we find ourselves again in the midst of a consultation for constitutional... https://www.scmp.com/comment/article/1473309/dont-waste-chance-real-dialogue-political-reform-shanghai?utm_source=rss_feed https://www.scmp.com/comment/article/1473309/dont-waste-chance-real-dialogue-political-reform-shanghai?utm_source=rss_feed Thu, 10 Apr 2014 09:00:15 +0000 Last month, Chief Secretary Carrie Lam Cheng Yuet-ngor invited Li Fei , the Basic Law Committee chairman, to visit Hong Kong, ostensibly to improve our legal understanding of the relevant Basic Law provisions. Article 45 of the Basic Law provides for the method for selecting our chief executive "by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures". The term "democratic procedures" has a decisive impact on whether the... https://www.scmp.com/comment/insight-opinion/article/1379674/screening-out-popular-candidates-does-not-accord-basic-law?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1379674/screening-out-popular-candidates-does-not-accord-basic-law?utm_source=rss_feed Fri, 13 Dec 2013 06:45:30 +0000 Affordable air travel is made possible by low-cost carriers. Yet, they have so far failed to establish themselves in Hong Kong. While low-cost carriers account for 65 per cent of all travel in the Philippines and 61 per cent in Thailand, that figure is less than 10 per cent in mainland China, Taiwan and Hong Kong. Jetstar Hong Kong has applied to the Air Transport Licensing Authority to operate out of Hong Kong. This is a potential game changer that could allow more Hongkongers to fly, and to... https://www.scmp.com/comment/insight-opinion/article/1328692/argument-against-budget-airlines-wont-fly-hong-kong?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1328692/argument-against-budget-airlines-wont-fly-hong-kong?utm_source=rss_feed Thu, 10 Oct 2013 16:00:00 +0000 Hong Kong's rule of law depends on the quality of our independent judiciary. It is the key contributor to the city's competitiveness and success under "one country, two systems". The lack of adequate resources and support, coupled with the recent spate of judicial vacancies and imminent retirements, has threatened the judiciary, access to justice and the state of our rule of law. The average waiting time for cases, from filing to judicial hearing, has increased significantly in recent years.... https://www.scmp.com/comment/insight-opinion/article/1308849/overworked-justice-system-risk?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1308849/overworked-justice-system-risk?utm_source=rss_feed Thu, 12 Sep 2013 16:00:00 +0000 Hong Kong has been thrust into the international spotlight after it was revealed that American whistle-blower Edward Snowden sought refuge in our city while he exposed the magnitude of America's secretive state surveillance programme. Snowden has reiterated his intention to stay and fight any extradition to the US, saying: "I have had many opportunities to flee Hong Kong, but I would rather stay and fight the US government in the courts, because I have faith in Hong Kong's rule of law." The... https://www.scmp.com/comment/insight-opinion/article/1260080/snowden-right-put-his-trust-hong-kongs-fair-and-open-courts?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1260080/snowden-right-put-his-trust-hong-kongs-fair-and-open-courts?utm_source=rss_feed Thu, 13 Jun 2013 16:00:00 +0000 I was recently invited to give a lecture at the Wuhan University School of Law on the topic of environmental protection laws and the judicial system in Hong Kong. On a cold morning, I took an early train from Shenzhen to Wuhan on the high-speed rail line. Looking out of the window, I saw the scenery submerged in a grey haze, which deepened as we travelled north. It turned out that the air pollution level in northern China that weekend broke a few records, with Beijing recording some of its... https://www.scmp.com/comment/insight-opinion/article/1146154/protect-chinas-environment-make-its-courts-independent?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1146154/protect-chinas-environment-make-its-courts-independent?utm_source=rss_feed Fri, 08 Feb 2013 16:00:00 +0000 Justice cannot be upheld if citizens do not have access to it. That is why free and equal access to the courts has always been a key element of the rule of law. That is also why the Basic Law specifically guarantees Hong Kong residents the right to legal advice and access to courts. Legal aid is a service that the modern state owes to its citizens who cannot afford private legal services. After all, the state is responsible for the administration of the legal system. The current provision of... https://www.scmp.com/comment/insight-opinion/article/1056454/poor-let-down-lack-access-legal-services?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1056454/poor-let-down-lack-access-legal-services?utm_source=rss_feed Mon, 08 Oct 2012 16:00:00 +0000 Tsinghua University recently set up a research centre for the study of Hong Kong and Macau affairs in Shenzhen. The opening ceremony was attended by many prominent mainland academics, including some from the legal field. On that occasion, they took the opportunity to offer advice to the new administration in Hong Kong that is due to take office on July 1. One opinion was that there is 'too much' separation of powers in Hong Kong; that the judiciary takes on a too-prominent role in running Hong... https://www.scmp.com/article/1001637/judiciary-has-rightful-role-auditor-legality?utm_source=rss_feed https://www.scmp.com/article/1001637/judiciary-has-rightful-role-auditor-legality?utm_source=rss_feed Mon, 21 May 2012 16:00:00 +0000